[1]
Prior legislation: Ords. 136, 447, 519, 544, 565, 584, 628, 649-96, 662-97, 665-97, 666-97, 681-98, 703-99, 707-99, 712-99, 755-00, 817-03, 819-04, 827-03, 865-04, 910-06, 941-06, 956-07, 1041-09 and 1117-11.
A. 
This chapter sets forth uniform requirements for users of the sewer system operated by the city of Sultan. It enables the city of Sultan to comply with applicable state and federal laws and discharge permit requirements.
B. 
This chapter shall apply to all users of the city of Sultan sewer system. This chapter defines certain prohibited discharges; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the recovery of liquidated damages and collection of penalties.
C. 
The service area for the city of Sultan sanitary sewer system shall be the city of Sultan corporate limits. Annexation is required before service can be provided within the urban growth area. Sewer service cannot be extended outside the city's urban growth area except as provided by law.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
Except as otherwise provided herein, the public works director, or their designee, shall administer, implement, and enforce the provisions of this chapter.
B. 
The public works director or designee shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The director or designee shall have authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
C. 
The public works director or designee shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sanitary sewer lying within said easement, said to be done in accordance with the terms of the easement pertaining to the private property involved.
D. 
The public works director or designee shall have the right to enter upon any lands, buildings, or premises required by this chapter to be connected to the sanitary sewer or to disconnect the source or sources of stormwater, groundwater or surface water from the sanitary sewer at all reasonable times to ascertain whether the provisions of this chapter have been or are being complied with, and if they shall find that such lands, building or premises connections or disconnections do not conform to the provisions of this chapter, to notify the owner or occupant or his agent of the fact, and it shall thereupon be the duty of such owner, occupant or agent to cause the requirements of this chapter to be so altered, repaired, or reconstructed as to make them conform to these provisions.
E. 
The public works director or designee shall have the right to enter upon any user's lands, buildings or premises using city sewerage for purposes of obtaining samples and making tests. City equipment left at any such site for sampling and testing purposes shall not be removed or in any way tampered with.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
No person shall uncover, make connection with, alter or disturb any public sewer or appurtenance without first obtaining a permit from the public works department.
B. 
Such permit shall describe the connection to be made and give its distance from the nearest manhole and shall contain a guarantee signed by the applicant that all requirements of this and other city ordinances will be complied with, and shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the public works director or designee. Applicable fees and charges shall be required for application.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
Within the corporate city limits where a public sewer is available, it must be used. Connection to the public sewer shall also occur when mandated by the Department of Health. Public sewer is considered available where the downstream boundary of the property is within 300 feet of that sewer main. Connection to the sewer system is required for existing developed properties when public sewer is available and one of the following is true:
1. 
The property has a failed or failing septic system; or
2. 
Buildings generating sewage are proposed as part of a project or development; or
3. 
Improvements are proposed that would require an expansion of an existing septic drain field; or
4. 
A property owner has been included in a local improvement district (LID) for sewer connection.
B. 
In the case of new residential, commercial, industrial, or institutional development where the property to be developed abuts a right-of-way in which a public sewer is located or where a service connection is otherwise provided, connection of all structures generating sewage shall be required to connect to the public sewer regardless of distance from the public sewer, except as outlined in Sultan General Sewer Plan Chapter 5, Sewer Service and Connection Policies and Septic Systems Policies, and Sultan zoning code general regulations SMC § 16.20.045, New septic system reasonable use exception – Future sewer connection required.
C. 
All connections shall be made to said sewerage system in a permanent and sanitary manner, subject to the approval of the public works director or designee, and shall be sufficient to carry all sewage and waste fluids of any kind from said buildings into said system, and each toilet, sink, stationary washstand or any other piece or type of equipment having waste fluids shall be connected with said sewerage system.
D. 
All connections to public sewers or drains shall be made in a workmanlike manner and in accordance with instructions from the public works director, or designee, and in accordance with the most current version of the city of Sultan water and sewer engineering standards. No trench shall be filled or any connecting sewer constructed under the provisions of this chapter until the same shall have been inspected and approved by or under the direction of the public works director, or designee, at the point where the same connects with the pipe or other plumbing of the building or premises being connected, or until the same shall be made in all respects to conform to this chapter, the water and sewer engineering standards or such other ordinances as are now or hereafter may become applicable.
E. 
All work done in pursuance of any connection permit granted as heretofore prescribed shall be under the inspection and subject to the approval and acceptance of the public works director or their designee. The grade, materials, and manner of construction of any sewer or drain built under permit shall be subject to the approval or rejection of the city. Upon acceptance of work, the city shall issue a notice of approval and acceptance of sewer connection, with one copy to the property owner or designated agent as authorization to backfill and use the connection, one copy to the city clerk to initiate billing, and one copy for the file.
F. 
Except as hereinafter provided, it shall be unlawful to construct, enlarge, replace, or modify any privy, privy vault, septic tank and/or drain field, cesspool, or other facility intended or used for the disposal of sewage except for new septic systems as allowed by Sultan General Sewer Plan Chapter 5, Septic Systems Policies, and Sultan zoning code regulations SMC § 16.20.045, New septic system reasonable use exception – Future sewer connection required, notwithstanding the routine maintenance of an existing, fully functional septic system.
G. 
All costs and expenses incident to the connection, installation and inspection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
Sewer Rates. Sewer rates shall be set by separate ordinance and included as an attachment to the annual fee schedule adopted by the city council.
B. 
Sewer Service Connection Charge.
1. 
Sewer General Facility Charge. There is hereby imposed on all parties seeking to connect to the sewer system a general facility charge as follows:
a. 
Residential. Based upon number of equivalent residential units multiplied by charge below.
b. 
Accessory Dwelling Unit (ADU).
i. 
Attached Unit. No separate charge and included in the residential per unit cost of the principal use, unless the ADU is on a separate water meter and, if so, at 50 percent of an equivalent residential unit at the time the water meter is installed.
ii. 
Detached Unit. Fifty percent of an equivalent residential unit at the time the unit is created and a separate water meter is installed.
c. 
Commercial/Multifamily. Based upon equivalence of usage to equivalent residential unit multiplied by charge below. Charge will be determined on a case-by-case basis.
d. 
Nonprofit Social Service Agencies. Exempt from all or a portion of the commercial connection charge as determined by the public works director to reflect the mission of the agency to provide assistance to the poor, elderly, or disabled.
e. 
Public and Private Parks, Recreational Areas or Facilities and Facilities Open Space Areas. Based upon equivalence of usage to equivalent residential unit multiplied by charge below. Charge will be determined on a case-by-case basis.
2. 
A general facilities charge ("connection fee") shall be as established by the city council by separate ordinance and included as an attachment to the annual fee schedule adopted by the city council. The amount set by such ordinance shall be the amount calculated per equivalent residential unit (ERU). Where an ERU calculation is not available, the public works director shall make his/her decision based on best available data provided by professional third parties for the same or similar use.
a. 
A sewer general facility charge shall be assessed by the city for a new connection to the Sultan sewer system or, at time of expansion and/or change of use of a facility, when the public works director determines the expansion and/or change of use creates additional demand on the city's sewer system facilities.
b. 
The sewer general facility charge shall be paid at the time of building permit issuance. An applicant may request the facility charge be deferred in all or part to the initial occupancy of the proposed use. The public works director will not unreasonably withhold approval of a request to defer payment to certificate of occupancy.
c. 
If a sewer general facility charge is required, no building permit or certificate of occupancy shall be issued until the corresponding connection fee is paid.
d. 
The facility charge paid shall be the fee in effect at the time of payment. Any deferred payments shall be based upon the fee in effect at the time the deferred payment is made to the city, but in all cases payment must be made prior to the physical connection for service.
e. 
Connection fees may be paid under protest in order to obtain a permit or other approval of development activity.
3. 
In addition to the sewer general facility charge, the actual costs for installation and inspection shall be paid by the party seeking service.
C. 
Permits. All necessary right-of-way use permits and easements must be obtained by the property owners before sewer service can be connected.
D. 
North Wagley's Creek Basin Facility Charge.
1. 
In addition to the other charges set forth in this section, property within the North Wagley's Creek Basin facility charge area ("area") shall be charged $260.00 per residential dwelling unit and/or $130.00 per accessory dwelling unit. A description of the area is incorporated in Ordinance No. 707-99, and on file with the city clerk. Payment of this charge shall be made at the time of application for a building permit under SMC Title 15.
2. 
The charges identified in this subsection may be included by the city in future LID(s) for construction of improvements to the city sanitary sewerage system that connect the area to the city sanitary sewerage system.
E. 
Charges-in-Lieu of Assessment for Local Improvement Districts.
1. 
In addition to the other charges set forth in this section, property included within the boundaries of LID No. 97-1 but which was not then found specially benefited and not assessed as part of LID No. 97-1 and which connects, either directly or indirectly, to the improvements to the city's sanitary sewerage system which were financed in whole or in part by the assessments within LID No. 97-1 (the "LID No. 97-1 improvements") shall be subject to a charge-in-lieu of assessment in the amount specified in Ordinance No. 791-02 or, if no such charge is specified for that property, in an amount calculated in the same manner as the assessments against the property within LID No. 97-1 were calculated.
2. 
In addition to the other charges set forth in this section, property not included within the boundaries of LID No. 97-1 (but not including property subject to the North Wagley's Creek Basin facility charge established by subsection (D) of this section) which connects, either directly or indirectly, to the LID No. 97-1 improvements shall be subject to a charge (in-lieu of assessment) in an amount equal to: (a) $260.00 per residential dwelling unit and/or $130.00 per accessory dwelling unit, if the property is in an area zoned for residential use, or (b) $0.38 per square foot of permitted building area, if the property is not zoned for residential use.
3. 
In addition to the other charges set forth in this section, property not assessed for any local improvement district hereinafter established by the city (each, an "LID") but which connects, either directly or indirectly, to the improvements to the city's sanitary sewerage system financed in whole or part by the assessments within such LID (the "LID improvements") shall be subject to a charge-in-lieu of assessment, which charge shall be calculated, insofar as reasonably practicable, in the same manner as the assessments against properties within such LID are calculated. The charge(s) imposed under this section shall be at least equivalent to the amount that would have been assessed if the property had been included in the LID.
4. 
There shall be added to the charges-in-lieu of assessment described in subsections (E)(1), (2) and (3) of this section interest on the amount of each such charge from the time of the installation of the LID No. 97-1 improvements or LID improvements, as applicable, to the time of connection (but not to exceed 10 years) at a rate equal to the average annual rate of interest on bonds or other obligations of the city issued to finance such improvements (but not to exceed 10 percent).
5. 
Payment of the charge(s) described in subsections (E)(1), (2) and (3) of this section, including interest thereon as described in subsection (E)(4) of this section, shall be made at the time of application for a building permit under SMC Title 15.
F. 
All rates imposed under subsection (A) of this section are exclusive of any utility tax imposed on the city, and all billings to customers will be charged based upon the rate set out in subsection (A) of this section and in addition to the utility tax assessed against the city.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
Only competent workmen shall be employed in making connection with the city sewer system; and all such work must be done under supervision of the public works director or his designee, and of material and in a manner consistent with the most current water and sewer engineering standards.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
National categorical pretreatment standards as adopted and hereafter amended by the EPA pursuant to the Act shall be met by all users in the regulated industrial categories. These standards, found in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, are hereby incorporated by reference.
B. 
State requirements and limitations on discharges to the publicly owned treatment works, as incorporated into Washington State law by Chapter 90.48 RCW, shall be met by all users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this or other applicable ordinances.
C. 
Any user determined by the city of Sultan to qualify as a significant industrial user shall file an application for a state waste discharge permit with the department in accordance with the requirements of WAC 173-216-070. Proof of acceptance of the application and payment of permit fees shall be kept at the user's facilities and produced upon request. Failure to submit the application or rejection of the application by the department may be considered sufficient grounds to terminate or refuse to provide sewer service.
D. 
The city reserves the right to establish more stringent standards or requirements on discharges to the sewer system and to set local limits for any pollutant to protect against pass through and interference.
E. 
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained in continuous, satisfactory and effective operation by the owner at his expense.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
1. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
2. 
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to the cyanides in excess of two milligrams per liter as CN in the wastes as discharged to the public sewer;
3. 
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;
4. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole milk, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
B. 
No person shall discharge or cause to be discharged the following substances, materials, waters, or wastes if it appears likely in the opinion of the public works director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the public works director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction in the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
1. 
Any liquid or vapor having a temperature higher than 140 degrees Fahrenheit;
2. 
Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero degrees and 65 degrees centigrade);
3. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower and approval of the public works director;
4. 
Any waters or wastes containing strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not;
5. 
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the public works director based on Department of Ecology standards for such materials;
6. 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the public works director as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters;
7. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the public works director in compliance with applicable state or federal regulations;
8. 
Any waters or wastes having a pH in excess of 9.5;
9. 
Materials which exert or cause:
a. 
Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime, slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate),
b. 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),
c. 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,
d. 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined in this chapter,
e. 
Unusual suspended solids, concentration in such quantities as to constitute a significant load on the sewage treatment works;
10. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
11. 
In general any toxicant as defined in this chapter.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
It is unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city any human or animal excrement, garbage or other objectionable waste. This section is not to be construed as an animal control measure.
B. 
It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
C. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
D. 
No plumbing fixtures shall be connected to the city sewer system except through a water-seal trap, and no plumbing shall be used that because of its design or condition is considered unsanitary by the public works director or his designee.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
The public works director or his designee shall have the privilege of entering upon private property at any reasonable hour for the purpose of ascertaining if plumbing and private sewers conform to the requirements of this chapter.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
Side sewers shall provide a single service. Each individual single-family, duplex, and triplex unit shall have its own side sewer. Subject to the approval of the public works director or designee, a six-inch stub out can be located on a lot to serve no more than two single-family residences or one duplex; provided, that each residence or unit is served with its own four-inch side sewer from the stub. Four-plex and larger multifamily buildings, as well as other nonresidential buildings shall have one side sewer per building.
B. 
Side sewers shall be installed in accordance with the city's most current water and sewer engineering standards and the UPC as adopted by the city of Sultan.
C. 
A side sewer shall be stubbed to the property line of all existing lots with sewer cleanouts installed at time of building when a new main is installed in front or alongside of existing properties.
D. 
The city of Sultan shall be responsible for the maintenance of the main line sewer. The property owner(s) served by the lateral side sewer shall be responsible for any maintenance and repairs of the lateral side sewer from the connection with the main line sewer to the building, including repairs in the public right-of-way or sewer easement. In the case of shared side sewers, ownership shall be equally divided between users for any common assemblies.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
With special public works director permission and under written agreement, a user may use a city manhole for dumping septage for a fee and under conditions set forth in such agreement. The public works director or their designee may impose a fee and establish conditions appropriate to compensate for the utilization of the city's sewerage system. The public works director may preclude such dumping if at any time they feel that such will impair the city's sewerage system in any way.
B. 
When required by the public works director, the owner of the property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with standards and plans established and approved by the public works director. The manhole shall be maintained by the property owner at his expense, and shall be maintained by him so to be safe and accessible at all times. The manhole and equipment shall be purchased and installed by the property owner at his expense with inspections of said SSMH at time of construction and periodically as long as it is in use.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
Grease, oil, sand, heavy metals, or such other needed interceptors shall be provided when, in the opinion of the public works director or their designee, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. Such interceptors shall be of a type and capacity approved by the public works director and shall be located as to be readily and easily accessible for cleaning and inspections.
B. 
All substance interceptors and grease traps shall be properly installed, maintained and operated by the user at the user's expense. The pretreatment facilities shall be kept in continuous operation at all times, and shall be maintained to provide efficient operation.
C. 
Cleaning must be performed by a service contractor qualified to perform such cleaning, or in a manner approved by the city. All material removed shall be disposed of in accordance with all state and federal regulations. All waste removed from such facilities shall not be disposed of in the sanitary or storm sewer. Furthermore, the use of hot water, enzymes, bacteria, chemicals or other agents or devices that cause the contents of a pretreatment device to be discharged into the sanitary sewer system is prohibited.
D. 
Records of maintenance shall be made readily available on site to the city for review and inspection, and must be maintained for a minimum of five years. All maintenance records shall be submitted on a routine basis for businesses whose operations are known to generate high levels of harmful ingredients or who have failed in the past to properly maintain their pretreatment facilities and fail to produce a discharge quality in compliance with the city's requirements.
E. 
Screens approved by the city public works director or their designee shall be installed, operated and maintained by and at each and every industrial plant connected to the sanitary sewage system, to screen any coarse solids from the industrial waste before it is discharged to the industrial sewer.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
Whenever any plumbing or private sewer is found defective or so out of repair as to be unsanitary or likely to become so, the public works director or their designee shall notify the owner or his agent in writing to make suitable alterations or repairs; and if such notice is not complied with within 10 days, the city may make such repairs and shall have a lien against the property for the cost. The sanitary side sewer from the main line to the residence is the responsibility of the property owner.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
No person shall excavate for any purpose near any part of the city sewer system in such a way as to endanger the same; nor build any foundation or structure over or near any sewer or appliances used to operate the sewer system without permission of the public works director or their designee.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)
A. 
Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
B. 
Compliance with the terms and conditions of this chapter constitutes minimum health, sanitation and safety provisions and material; noncompliance with said terms and conditions constitutes a public nuisance and may be abated as such, in addition to any other criminal, civil and equitable remedies that may be available including disconnection of city water furnished to the premises until such time that the violation is abated.
C. 
If the owner, agent or occupant fails, neglects or refuses to comply with this chapter, the city may, by and through the public works director or designee, cause the required work or improvement to be done as an alternative, or as an additional remedy to the penal provisions of this chapter. The cost of such work or improvement shall be assessed against the property and the amount thereof shall become a lien upon the premises, which may be collected either by foreclosure of said land or by a suit against the owner or occupant of said premises, maintained in the name of the city, as plaintiff, in any court of competent jurisdiction.
D. 
Any person who shall violate or fail to comply with any provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $500.00 or by imprisonment for a term not exceeding 90 days, or by both fine and imprisonment.
Any person violating any provision of this chapter shall be deemed guilty of an unlawful act and will be punished according to the most current fee schedule.
(Ord. 1243-16 § 3; Ord. 1259-17 § 3)